Allowed

Union Bank of India v. Mr. Ramanarao Nibhanapuri

DRT14 May 2025OA/184/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an Original Application filed by Union Bank of India against a borrower and her guarantor. The bank proved its case regarding a housing loan default, establishing the debt outstanding along with accrued interest and sufficient ground to proceed against mortgaged property.

What did the court decide?

Defendants ordered to pay Rs. 35,84,073.80 plus interest; FAA authorized to proceed against mortgaged and personal properties.

Union Bank of India versus Mr. Ramanarao Nibhanapuri — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-I^{AT HYDERABAD}

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DATED THIS THE 14THDAY OF MAY, 2025

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PRESENT: SRI GUMMADI GOPICHAND,^{PRESIDING OFFICER} OA.No.184 of 2024

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Between:

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Union Bank of India^{(E-Andhra Bank)} Huzurabad branch, H.no.20-558, Gandhinagar road, Huzurabad, Karimnagar dist - 505 468, Represented by its authorized officer

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Applicant

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VERSUS

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Mr.RamanaraoNibhanaPuri, s/o NibhanaPuriLakshman^Rao, male, aged about 50 Years, occ: doctor, R/o H.No.1-4-137, old Bazar, Karimnagar, Karimnagar district - 505^468'

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Mrs. Godishala Rama Devi, w/o Sagar, female, aged about 45 years, occ: housewife, R/o H. No.1-5/1, MuchinPula, Nallabellymandal, Warangal district - 506 349.

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Defendants

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Counsel for the Parties:

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: For the Applicant For the Defendants i

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Sri V. SethuMadhava Rao

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Exparte

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The
W**9

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present OA against Defendants for 35.84,073.80Ps^{(RuPees ThirtY}

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(oA. No.184/2024)

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Five Lakhs Eighty Four Thousand Seventy three and^paise eighty only) with subsequent interest @^{9.50o/op.a with monthly} rests + 2o/o p.a^penal interest from 20.04.2024 till the^{date of} realization and in default for sale of mortgaged^propertyas mentioned in the schedule to OA.

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As per the averments in the application, the^{ApplicantBankstates} that defendant No.1 is the borrower and^{defendantno'2 stoodas} guarantor availed housing loan of Rs.27 lakhs vide sanction^letter dated 17.11.2016 for^purchase of^{schedulementionedproperty. The} defendants executed composite agreement^{and generalform of} guarantee. To secure due repayment to Applicant bank,^the defendant no.1 deposited the title^{deedsand created mortgageof} schedule^property. After availing the loan Facilities,^the defendants failed to comply the terms of^{sanction, hence the} applicant bank classified the^{account as NPA on 06'08.2023and} issued notices. Inspite of several^{requestsand demands,the} defendants did not clear^the outstanding.^{Hence this OA'}

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3, Defendants No.1& 2 called^{absent and set exparteon 16.04.2025,}

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Sri P. Kumar, Chiet /ry plicant Bank examined himself as AW.1 an{ atoi ments, which are marked 1 as Ex.A.1 to [Jt. 4 II,AY 2W t, S."\ .:..':

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(oA.No.184/2024)

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Heard the Ld. Counsel for the Applicant Bank.

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The^point that arise for consideration is whether the Applicant^{Bank is} entitled for the claim made in the OA against the Defendants as prayed for?

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Defendants remained exparte. To substantiate the case of^the Applicant Bank, AW.1, official of the Applicant^{Bank was examined} and he exhibited relevant documents as^Ex.A1 to A'11.^{In view of} the above, I hold that the Applicant Bank^{has established} their^claim made in the OA against the Defendants and^{hencethe ApplicantBank} is entitled to recover the claim made in the OA with^{future interest} and costs.

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B. In the result, the^present OA^is allowed^{with costs, as under:}

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The Defendants are^jointly and severally liable to^pay to^the Applicant Bank a total sum of Rs.35,84,073.8Ops^{(RupeesThirty} Five Lakhs Eighty Four Thousand Seventy three^{and paise} eighty only) with subsequent interest @^{9.50o/op.a from} 20.O4.2024 till the date of realization.

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The Applican to^proceed against the^mortgaged property ule to OA towards realization^of the d a 4 2M*

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(oA.No.184/2024)

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The Applicant Bank is also entitled to proceed against the person and properties of defendants towards realization of the debt due.

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The Applicant Bank is entitled to the costs of the OA.

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The Applicant shall file a cost memo within two weeks from the date of receipt of order.

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Issue Recovery certificate accordingly.

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Communicate a copy of the order to the^{parties concerned.}

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(Dictated to the P.A., transcribed by her, corrected, signed and^{pronouncedby mein the opencourton} this the l4thday of May, 2025)

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sdl-

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(G. GOPTCHAND) PRESIDING OFFICER

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Ll/ ,tr]RllEltsoPY/ 9'*

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Union Bank of India v. Mr. Ramanarao Nibhanapuri

Case brief

What is this about?

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Union Bank of India v. Mr. Ramanarao Nibhanapuri

Case brief

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